Tort reform during the legislative session was not restricted to statutes. The Legislature passed a resolution to ask the citizens of Texas for approval of Proposition 12, an amendment to the Texas Constitution. Many in the tort reform community believe that Proposition 12 is needed in the case of a challenge to the caps on non-economic damages contained in House Bill 4 (See related story on HB 4.)

SUPPORTERS OF TORT REFORM WILL WANT TO VOTE FOR PROPOSITION 12

Proposition 12 on the September 13 ballot authorizes the Legislature to place limits on non-economic damages in lawsuits against health care providers. The goal of the amendment is for the caps on non-economic damages in HB 4 to go into effect and not be tied up in court due to challenges over the constitutionality of those caps. The amendment allows future Legislatures to impose limits on non-economic damages in any other kind of lawsuit provided that a three-fifths majority of the House and Senate approve. The caps, or limits, are for non-economic damages as opposed to the economic damages of lost wages or medical care costs.

In addition to Prop 12, there are 21 other constitutional amendments on the Sept. 13 ballot. Below are the proposed amendments in ballot order. The notation at the end of each (e.g. HJR68 for Proposition 1) is the resolution that the Legislature passed to put the amendment on the ballot. The resolution will provide the full text of the amendment. The resolutions can be viewed at the Legislation Page of the TCA web site: www.texcon.org.

Prop. 1 - The constitutional amendment authorizing the Veterans' Land Board to use assets in certain veterans' land and veterans' housing assistance funds to provide veterans homes for the aged or infirm and to make principal, interest and bond enhancement payments on revenue bonds. (HJR 68)

Prop. 2 - The constitutional amendment to establish a two-year period for the redemption of a mineral interest sold for unpaid ad valorem taxes at a tax sale. (HJR 51)

Prop. 3 - The constitutional amendment to authorize the legislature to exempt from ad valorem taxation property owned by a religious organization that is leased for use as a school or that is owned with the intent of expanding or constructing a religious facility. (HJR 55)

Prop. 4 - The constitutional amendment relating to the provision of parks and recreational facilities by certain conservation and reclamation districts. (SJR 30)

Prop. 5 - The constitutional amendment to authorize the legislature to exempt from ad valorem taxation travel trailers not held or used for the production of income. (SJR 25)

Prop. 6 - The constitutional amendment permitting refinancing of a home equity loan with a reverse mortgage. (HJR 23)

Prop. 7 - The constitutional amendment to permit a six-person jury in a district court misdemeanor trial. (HJR 44)

Prop. 8 - The constitutional amendment authorizing the legislature to permit a person to take office without an election if the person is the only candidate to qualify in an election for that office. (HJR 62)

Prop. 9 - The constitutional amendment relating to the use of income and appreciation of the permanent school fund. (HJR 68)

Prop. 10 - The constitutional amendment authorizing municipalities to donate surplus fire-fighting equipment or supplies for the benefit of rural volunteer fire departments. (HJR 61)

Prop. 11 - A constitutional amendment to allow the legislature to enact laws authorizing and governing the operation of wineries in this state. (HJR 85)

Prop. 12 - The constitutional amendment concerning civil lawsuits against doctors and health care providers, and other actions, authorizing the legislature to determine limitations on non-economic damages. (HJR 3)

Prop. 13 - The constitutional amendment to permit counties, cities and towns, and junior college districts to establish an ad valorem tax freeze on residence homesteads of the disabled and of the elderly and their spouses. (HJR 16)

Prop. 14 - The constitutional amendment providing for authorization of the issuing of notes or the borrowing of money on a short-term basis by a state transportation agency for transportation-related projects, and the issuance of bonds and other public securities secured by the state highway fund. (HJR 28)

Prop. 15 - The constitutional amendment providing that certain benefits under certain local public retirement systems may not be reduced or impaired. (HJR 54)

Prop. 16 - The constitutional amendment authorizing a home equity line of credit, providing for administrative interpretation of home equity lending law, and otherwise relating to the making, refinancing, repayment, and enforcement of home equity loans. (SJR 42)

Prop. 17 - The constitutional amendment to prohibit an increase in the total amount of school district ad valorem taxes that may be imposed on the residence homestead of a disabled person.
(HJR 21)

Prop. 18 - The constitutional amendment authorizing the legislature to permit a person to assume an office of a political subdivision without an election if the person is the only candidate to qualify in an election for that office. (HJR 59)

Prop. 19 - The constitutional amendment to repeal the authority of the legislature to provide for the creation of rural fire prevention districts. (SJR 45)

Prop. 20 - The constitutional amendment authorizing the issuance of general obligation bonds or notes not to exceed $250 million payable from the general revenues of the state to provide loans to defense-related communities, that will be repaid by the defense-related community, for economic development projects, including projects that enhance the military value of military installations. (SJR 55)

Prop. 21 - The constitutional amendment to permit a current or retired faculty member of a public college or university to receive compensation for service on the governing body of a water district. (SJR 19)

Prop. 22 - The constitutional amendment authorizing the appointment of a temporary replacement officer to fill a vacancy created when a public officer enters active duty in the United States armed forces. (HJR 84)